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Property owner fined over $90,000 for persistently not complying with removal order

Property owner fined over $90,000 for persistently not complying with removal order

A property owner who persistently failed to comply with removal orders issued under the Buildings Ordinance (BO) (Cap. 123) was convicted and fined over $90,000 at the Kwun Tong Magistrates' Courts last week.

The case involved an unauthorised structure with an area of about 750 square metres on the roof of an industrial building on Hung To Road, Kwun Tong. As the unauthorised building works (UBWs) were carried out without the prior approval and consent from the Buildings Department (BD), a removal order was served on the owner under section 24(1) of the BO.

Failing to comply with the removal order, the owner was prosecuted by the BD last year and was fined $82,625 upon conviction by the court. As the owner persisted in not complying with the removal order, the BD instigated prosecution again. The owner was fined $93,820 upon conviction again at the Kwun Tong Magistrates' Courts on May 28.

A spokesman for the BD said today (June 6), "UBWs may lead to serious consequences. Owners must comply with the removal orders without delay. The BD will continue to take enforcement action against owners who have failed to comply with the removal orders, including instigation of prosecution, to ensure building and public safety."

Failure to comply with a removal order without reasonable excuse is a serious offence under the BO. The maximum penalty upon conviction is a fine of $200,000 and one year's imprisonment, and a further fine of $20,000 for each day that the offence continues.

Ends/Thursday, June 6, 2024

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